rajeev_74
04-25 05:33 PM
Tell me, in any of the bills that came in 2005, PACE, CIR. Dream Act etc., or later, IS there even one mention or a discussion of changing the PD? Let's discuss more on how to bring out more into the open, the issues the H1 visa holders are facing from their small time employers in applying for permanent residence, backlog issues and how redtape is destroying these young men's goals, about lack of visa numbers.
Why there is even a provision in the last Senate bill, for illegals to SELF petition for GC, if employer doen't apply in 2 years. Let's discuss about a similar provision for H1 visa holders who are legally working here, paying taxes. Let's discuss even more important issue.
Why should we pay, SS Tax and Medicare if we are temporary workers. Let them START collecting once I-485 is applied.
This last point will resonate well with all It will be picked up easily; you will see the panic flying in the leven when a simple mention of it is made.
These are the practical things we need to discuss. Not a theoritical PD definition, on which we have no locus standi.
I have to respectfully disagree with you on that...just because it was never brought up doesn't mean it should never be taken up. I think you core members know better...if this does not sound practial...End of discussion.
Thanks
Why there is even a provision in the last Senate bill, for illegals to SELF petition for GC, if employer doen't apply in 2 years. Let's discuss about a similar provision for H1 visa holders who are legally working here, paying taxes. Let's discuss even more important issue.
Why should we pay, SS Tax and Medicare if we are temporary workers. Let them START collecting once I-485 is applied.
This last point will resonate well with all It will be picked up easily; you will see the panic flying in the leven when a simple mention of it is made.
These are the practical things we need to discuss. Not a theoritical PD definition, on which we have no locus standi.
I have to respectfully disagree with you on that...just because it was never brought up doesn't mean it should never be taken up. I think you core members know better...if this does not sound practial...End of discussion.
Thanks
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smisachu
09-11 11:56 AM
IV rocks�.. Just made contribution of 500$
Cannot come to rally because of personal reasons. Feeling terrible about that�.
Order Details - Sep 11, 2007 10:46 AM CDT
Google Order #636002683618849
Thanks, thats really cool. gave you +ve feed back so made ur red dot go away!!
Cannot come to rally because of personal reasons. Feeling terrible about that�.
Order Details - Sep 11, 2007 10:46 AM CDT
Google Order #636002683618849
Thanks, thats really cool. gave you +ve feed back so made ur red dot go away!!
new2gc
08-13 11:49 AM
Most of the Indian companies (TCS, Wipro, Infy, etc) have more than 50% H1Bs, I believe.
They will bring/hire more resources to near shore (if not onsite) Brazil/Canada to satisfy clients...This year the demand for H1b is around 25K.... next year that may go down to 10-15K... good for future EB -AOS applicants.. :-)
They will bring/hire more resources to near shore (if not onsite) Brazil/Canada to satisfy clients...This year the demand for H1b is around 25K.... next year that may go down to 10-15K... good for future EB -AOS applicants.. :-)
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dpp
07-06 12:26 PM
I dont understand how organizations like DOS , USCIS can do such
Ping-pong childish things in their official website.
Save us God !
It is sure something internally happening in DOS and USCIS on this mess. They are Scared of consequences and so trying to cover all loopholes.
Ping-pong childish things in their official website.
Save us God !
It is sure something internally happening in DOS and USCIS on this mess. They are Scared of consequences and so trying to cover all loopholes.
more...
akhilmahajan
07-16 11:01 AM
Total So far 1970.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC.
COME ON FOLKS HELP IV HELP YOURSELF.
COME ON FOLKS HELP IV HELP YOURSELF.
brahmam
05-14 02:02 PM
Just an update from my side:
I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.
Guys,
If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.
Sorry about the pain. if you haven't noticed, I think aftr your previous employer revoked the I-140, they went ahead and updated that to 'denied' status and apparently the date did not change. so the same day that your 140 was approved now shows as denied. Bring that to their notice and they may see their mistake.
Good luck.
I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.
Guys,
If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.
Sorry about the pain. if you haven't noticed, I think aftr your previous employer revoked the I-140, they went ahead and updated that to 'denied' status and apparently the date did not change. so the same day that your 140 was approved now shows as denied. Bring that to their notice and they may see their mistake.
Good luck.
more...
chanduy9
07-06 10:26 AM
Please don't post any damageing statments..it may reverse fire on us..dont bash them...
Send them lovely flowers for all the greate and good work they did. I am sure they will get to know what they did and how much pain we are taking..We cant achive any thing hurting some one....
JUST SEND FLOWERS IT WILL EXPLAIN EVERY THING!!!
FLOWER DAY!!! JULY 10TH.
just my 2 cents..
Thanks,
Chandra.
Send them lovely flowers for all the greate and good work they did. I am sure they will get to know what they did and how much pain we are taking..We cant achive any thing hurting some one....
JUST SEND FLOWERS IT WILL EXPLAIN EVERY THING!!!
FLOWER DAY!!! JULY 10TH.
just my 2 cents..
Thanks,
Chandra.
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coopheal
12-24 04:01 PM
Lets revive the campaign to remove country limits.
It is hurting EB immigrants from India and China and still people are unwilling to make this an important issue. We have not seen any employer take this up as an issue. However if you see country cap being added to the amnesty bill, the entire lobby of these people will make noise and will not let this happen. So let us stop giving arguments like diversity etc to ourselves because that really is not an argument across the board. So if country cap is an important issue for Indians and Chinese, they need to lobby hard against it. This has not really happened. Instead we get caught up in action items for small things that the community really wants. Imagine if the country caps are removed, the dates will move much faster. There needs to be strong support from the community if country caps were to be removed in CIR next year.
It is hurting EB immigrants from India and China and still people are unwilling to make this an important issue. We have not seen any employer take this up as an issue. However if you see country cap being added to the amnesty bill, the entire lobby of these people will make noise and will not let this happen. So let us stop giving arguments like diversity etc to ourselves because that really is not an argument across the board. So if country cap is an important issue for Indians and Chinese, they need to lobby hard against it. This has not really happened. Instead we get caught up in action items for small things that the community really wants. Imagine if the country caps are removed, the dates will move much faster. There needs to be strong support from the community if country caps were to be removed in CIR next year.
more...
desi485
11-26 01:19 PM
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
Hmmm....I am still wondering...
1> How much money an applicant will spend on MTR? on self, on dependents?
2> How much money an applicant will bleed to move to US District Court?
3> If an applicant is working on EAD during all this farce, would he be able to continue working (atleast seeing paycheck) or will seat at home and bleed more?
4> if he looses EAD job, will CIS again punish him for not having a job?
5> Even after doing all these above, what if he accumulates 180 days of unlawful(?) presence? will he be deported for following the laws?
6> Last question: Are those undocumented workers are better positioned to get legal citizenship in long run than those legal skilled immigrants from retrogressed countries?
(sorry for my language, but I can't understand the logic behind such a serious painful punishment to an innocent lawful AC-21 user without any fault of his own? is there justice? what do I not understand here? I am sure I am missing something. Please guide!!!)
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
Hmmm....I am still wondering...
1> How much money an applicant will spend on MTR? on self, on dependents?
2> How much money an applicant will bleed to move to US District Court?
3> If an applicant is working on EAD during all this farce, would he be able to continue working (atleast seeing paycheck) or will seat at home and bleed more?
4> if he looses EAD job, will CIS again punish him for not having a job?
5> Even after doing all these above, what if he accumulates 180 days of unlawful(?) presence? will he be deported for following the laws?
6> Last question: Are those undocumented workers are better positioned to get legal citizenship in long run than those legal skilled immigrants from retrogressed countries?
(sorry for my language, but I can't understand the logic behind such a serious painful punishment to an innocent lawful AC-21 user without any fault of his own? is there justice? what do I not understand here? I am sure I am missing something. Please guide!!!)
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sunofeast_gc
07-23 06:27 PM
This is aboslutly not possible; he/she is trying to fool every one. Before retrogression, the last date to file a 485 for a EB3-Indian with PD 08/2004 was 12/31/2004. From Jan 2005 till July 2007 EB3 Inida was retrogressed for his PD. So he/she could not apply 485 in Feb 2005. The other optins could be he/she may be in EB2 catagory or a Schulde A nurse.
I was in similar time frame; So I know the date well....
Same thing came in my mind too....
it must be EB2 or a Schulde A nurse
anyway it good to know that someone got GC...
I was in similar time frame; So I know the date well....
Same thing came in my mind too....
it must be EB2 or a Schulde A nurse
anyway it good to know that someone got GC...
more...
gctoget
08-08 02:19 PM
Hi,
There is going to be an Independence day celebration event at Pierce college ,Woodland hills on August 18th ,2007. Please participate and do not forget to visit the Immigrationvoice.org booth for more information on our non-profit organization.
See you all there!
There is going to be an Independence day celebration event at Pierce college ,Woodland hills on August 18th ,2007. Please participate and do not forget to visit the Immigrationvoice.org booth for more information on our non-profit organization.
See you all there!
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lazycis
11-20 01:11 PM
Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
more...
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abhisam
07-20 08:11 PM
Just wanted to know your thoughts on this. CNN has launched the first ever cnn-youtube debate and the deadline to submit videos is 7/22.. Users have to basically upload their questions on youtube and some of these questions will be selected and democratic presidential candidates will have to answer these questions.
I know its kinda late, but why not upload videos on youtube asking questions about legal immigration to the candidates? i think it will be a great way of bringing out our problems further in the mainstream... if you think this is a good idea, we may have to act on it fast... we dont have much time.
I know its kinda late, but why not upload videos on youtube asking questions about legal immigration to the candidates? i think it will be a great way of bringing out our problems further in the mainstream... if you think this is a good idea, we may have to act on it fast... we dont have much time.
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asanghi
04-30 02:35 PM
Somebody starts to speak.
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bestofall
09-12 04:48 PM
for any IV core agreed plan
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sandiboy
08-02 04:01 PM
This is from my lawyer:
Where is my application for adjustment of status filed?
All employment based adjustment of status applications are filed at the Nebraska Service Center (NSC). The NSC will keep half of the cases it receives and send half to the Texas Service Center . There is no way of indicating which Service Center you want your case adjudicated at. Once the receipt notices are received you will know where your case is pending. All family based adjustment of status applications are filed at the National Benefits Center.
Where is my application for adjustment of status filed?
All employment based adjustment of status applications are filed at the Nebraska Service Center (NSC). The NSC will keep half of the cases it receives and send half to the Texas Service Center . There is no way of indicating which Service Center you want your case adjudicated at. Once the receipt notices are received you will know where your case is pending. All family based adjustment of status applications are filed at the National Benefits Center.
more...
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andy007
07-18 12:00 AM
Receipt date is not the date when the application reaches the service center. It is infact the date when your application is entered into their internal system which could be several days after the application has reached the service center.
And all application they enter into the system.. then give us a Receipt Date Right ... from that time we can apply for EAD / AP (will take time again)
And all application they enter into the system.. then give us a Receipt Date Right ... from that time we can apply for EAD / AP (will take time again)
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jay
07-07 12:40 AM
Can Patton Boggs do better? Haven't we had more legislative success, I mean traction, when we partnered with Quinn Gillespie? Are we receiving sound advice on which of our grievances require legislative action and which ones can be redressed by a mere change in policy on the part of the executive? It looks like most of our current problems were not ushered in by any new law, but rather by a stroke of a pen in a memo by the incompetent and indifferent INS, USCIS, DOL and the State Department. No change in law was needed to make then deny us concurrent filing in Oct 2005 and allow it in July 2007. No change in law was required to deny us visa revalidation. One could argue that no change in law is required to belatedly use unused visas from the previous years. The list goes on. It should be easier to lobby a handful of buffoons in the executive branch with real power than 500+ buffoons on Capitol Hill. Has Patton Boggs served us well?
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Raju
07-06 04:05 PM
AILA has reported a very interesting or confusing DOS LegalNet Office letter which one of the members received towards the fact that the consular posts had already been allocated their numbers for the month of July prior to EB visa numbers becoming unavailable on July 2 and that the posts may continue to use their July allocations of EB numbers, and continue to issue Immigrant Visas for the rest of this month, July, for those applicants who were scheduled for IV interviews in July. Hm.....................................
This was what I mentioned earlier. This was reported by AILA a while ago.
This was what I mentioned earlier. This was reported by AILA a while ago.
immigration07
05-22 10:47 PM
//
wondering how yu came up with a list of contributors.......if i provide my transfer confirmations to IV and still cannot find my name in the list then how will I trust the veracity of yur list.....
....not for an argument but a query
wondering how yu came up with a list of contributors.......if i provide my transfer confirmations to IV and still cannot find my name in the list then how will I trust the veracity of yur list.....
....not for an argument but a query
reddymjm
03-12 02:35 PM
I do not support this donor ONLY idea.
Also, Day 1, the FOIA initiative had a goal of $5K.
And without reason, the goal was increased to $10K.
So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
stay consistent.
Its just not pappu.
We all felt like increasing the goal becasue out the 100 or so FOIA responses we got atleat we should be able to respond to couple of them. FOIA is not the only one needing money.
Also, Day 1, the FOIA initiative had a goal of $5K.
And without reason, the goal was increased to $10K.
So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
stay consistent.
Its just not pappu.
We all felt like increasing the goal becasue out the 100 or so FOIA responses we got atleat we should be able to respond to couple of them. FOIA is not the only one needing money.
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